Manikchand Birdhichand Sharma vs The State Of Maharashtra And Anr. on 28 March, 1974
(2) Such memorandum shall form part of the record of the case. If the Public Prosecutor, complainant or accused ;so desires, a copy of the memorandum shall be furnished to him free of cost." It is an admitted position that the Judicial Magistrate, as well as the Additional Sessions Judge, probably on the reauest -of the parties, inspected the site but thev have not prepared anv memorandum. Therelore, the question of getting a copv by the accused did not arise. Reliance was plaoe on behalf of the accused-appel-lant on the word "shall" used in Section 539-B of the Code. Therefore, it was urged that it was mandatory on the part of the Magistrate to have prepared a memorandum of relevant facts observed bv him at such inspection and in support of his contention, he has relied on an authority of the Calcutta High Court reported in Lalu v. The State .